Supreme Court Prepares Regulations for the Implementation of Criminal Procedure Code

The Supreme Court is preparing several regulations in the form of regulations of Supreme Court (“PerMA”) or circulars related to new provisions in the Draft Bill on the Criminal Procedure Code (“KUHAP”) which was passed by the House of Representatives (“DPR”) on 18 November 2025. The Chief Justice of the Criminal Chamber of the Supreme Court, Prim Haryadi, revealed that several new mechanisms for the settlement of criminal cases will be issued soon.

“New matters related to free bargaining, the admission of guilt by prosecutors, and how they will be implemented in the field will soon be published in the PerMA,” Prim Haryadi told Hukumonline.

One of the new provisions in the KUHAP is the Deferred Prosecution Agreement (“DPA”) mechanism, which allows prosecutors and corporations to reach an agreement to postpone prosecution as long as the company fulfills certain obligations, such as returning losses or making restitution. If the obligations are fulfilled, the case can be dismissed. However, if they are not fulfilled, the legal process will proceed as usual. This entire mechanism can only take place if approved by a judge.

“The Supreme Court is racing against time related to matters mandated by the KUHAP that must be further regulated immediately. In fact, it is not only the PerMA that needs to be formulated, but there are also several matters in the KUHAP that require implementing regulations, such as laws and other technical implementing regulations,” concluded Prim.